id string | doc_type string | jurisdiction string | title string | text string | source string | license string | retrieved_at timestamp[s] | citation string | court string | date timestamp[s] | extra dict |
|---|---|---|---|---|---|---|---|---|---|---|---|
4e0d6a051407187b | opinion | nc | State v. Parker |
BRITT, Judge.
Defendant first assigns as error the admission into evidence of a copy of a registration certificate signed by J. H. Stamey, Director, Registration Division, Department of Motor Vehicles, State of North Carolina, and certified under the seal of the Department of Motor Vehicles. G.S. 20-42 (b), after ... | cl-bulk://2026-06-30/opinions/6731478 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1973-12-12T00:00:00 | {
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c51e611e699ee3a0 | opinion | nc | State v. Franks |
BEOCK, Chief Judge.
The trial judge is expressly authorized by G.S. 15-152 to order consolidation for trial of two or more charges in which defendant is charged with crimes of the same class. Defendant has failed to show prejudicial error in the consolidation of the eight charges against the defendant in this tria... | cl-bulk://2026-06-30/opinions/6731479 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1973-12-12T00:00:00 | {
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c85351062f2ebb29 | opinion | nc | Parker v. Hood ex rel. Central Bank & Trust Co. |
Clarkson, J.
We think it unnecessary to go into a long discussion of this case. We think the judgment of the court below denying plaintiff a preference correct, but a judgment for the plaintiff should have been rendered for the debt due by the Central Bank and Trust Company to plaintiff.
The referee, in an able ... | cl-bulk://2026-06-30/opinions/6697875 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1936-02-26T00:00:00 | {
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f38f932f219d3f61 | opinion | nc | Warshaw v. Warshaw |
BaeNhill, J.
The record in this cause does not include the summons, the affidavit for publication, the order for service by publication, or the notice of the action as published. Nor does it contain any of the pleadings save and except an answer filed by defendant after the final decree of divorce was entered. The... | cl-bulk://2026-06-30/opinions/6699495 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1953-01-06T00:00:00 | {
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d90e2447096ba796 | opinion | nc | Raynor v. Shearin |
Per Cubiam.
The trial of this cause involved essentially the determination of issues of fact, which have been found by the jury adversely to the defendant. Defendant’s exceptive assignments of error cannot be sustained. While the defendant contended that the plaintiff at the hearing on the criminal warrant waived ... | cl-bulk://2026-06-30/opinions/6698113 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1938-09-21T00:00:00 | {
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c06a4661fb6ed928 | opinion | nc | Covington v. James |
Stacy, C. J.,
concurs on the ground that what was done while plaintiff was unconscious or under the influence of an anesthetic calls for explanation in view of defendant’s purported statement and the results obtained, but does not assent to the position that the doctrine of res ipsa loquitur applies generally to... | cl-bulk://2026-06-30/opinions/6698068 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1938-06-22T00:00:00 | {
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398a5395665428e9 | opinion | nc | State v. Alston |
Seawell, J.
Upon the question of premeditation and deliberation, an essential element of the crime of first degree murder, the defendant may make the affirmative defense that, because of want of mental capacity, he was incapable of forming the deliberate purpose to kill; and may show that such mental incapacity wa... | cl-bulk://2026-06-30/opinions/6698071 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1938-06-22T00:00:00 | {
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152c75bc7d44f6bf | opinion | nc | State v. Spruill |
Per Curiam.
No error.
| cl-bulk://2026-06-30/opinions/6694766 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1904-07-01T00:00:00 | {
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b7b0ed819c4d4c15 | opinion | nc | Worsley v. Creech |
Per Curiam.
Affirmed.
| cl-bulk://2026-06-30/opinions/6694768 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1904-07-01T00:00:00 | {
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1b5dca27b29e47ae | opinion | nc | State v. Seaboard Air Line Railway |
BeowN, J.
Tbe Court instructed tbe jury that, if they believed tbe evidence, they would return a verdict of guilty. To tbis instruction tbe defendant excepted, and we tbink tbe exception is well taken. Section 535 of tbe Eevisal provides that “No judge, in giving a charge to tbe petit jury, either in a civil or a ... | cl-bulk://2026-06-30/opinions/6695149 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1907-12-11T00:00:00 | {
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a36aacb3d45bc94c | opinion | nc | State v. Seaboard Air Line Railway |
ClaRK, C. J.,
dissenting: When the intent is an essential ingredient of an offense, then it is error to charge tbe jury “If yon believe the evidence you will find the defendant guilty,” for the jury, not the Court, must draw the inference of intent. To this class of cases belongs every case cited by the Court.
H... | cl-bulk://2026-06-30/opinions/6695150 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1907-12-11T00:00:00 | {
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5116dab89772590c | opinion | nc | Littlejohn v. Johnson |
Devin, J.
Without discussing the evidence further, and without expressing any opinion as to the probative value of the testimony offered, it appears that there was sufficient evidence to be submitted to the jury in support of the allegations in plaintiff’s complaint, and that the court below erred in sustaining th... | cl-bulk://2026-06-30/opinions/6698079 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1938-09-28T00:00:00 | {
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6368538c2cb8aa23 | opinion | nc | Hickson Lumber Co. v. Gay Lumber Co. |
Brown, J.
In his final decree in this cause.his Honor, Judge Neal, in the exercise of his discretion, assessed these appellants with a considerable part of the costs of this proceeding. In doing so, we think he.was in error, for he was not vested with any such discretionary power.
This is not an action brought... | cl-bulk://2026-06-30/opinions/6695254 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1909-03-17T00:00:00 | {
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9a805cb8f6397f76 | opinion | nc | Drewry v. Harrison |
Per Curiam.
Affirmed.
| cl-bulk://2026-06-30/opinions/6694763 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1904-07-01T00:00:00 | {
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c0632b52cb5cd793 | opinion | nc | Brown v. A. C. L. R. R. |
Per Curiam.
Affirmed.
| cl-bulk://2026-06-30/opinions/6694764 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1904-07-01T00:00:00 | {
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a2c76e7ce3ab4ecf | opinion | nc | Greenville v. Fleming |
Per Curiam.
Dismissed.
| cl-bulk://2026-06-30/opinions/6694765 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1904-07-01T00:00:00 | {
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bf511f4f5e3446e9 | opinion | nc | McDuffie v. Seaboard Air Line Railway |
BbowN, J.
Tbe record discloses that tbe order for tbe car is dated 8 December, 1906, and requires that tbe empty car be furnished by 10 December, 1906. Eor tbe reasons given in McDuffie v. Railway, at tbis term, tbe plaintiff is not entitled to recover, and defendant’s motion should have been granted. Let tbe ac... | cl-bulk://2026-06-30/opinions/6695138 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1907-11-06T00:00:00 | {
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e2b489b5d31d38e6 | opinion | nc | State v. Toler |
Hoke, J.
Tbe exceptions presented by this appeal are in all respects similar to those decided in tbe next preceding case of State v. Dowdy. Eor tbe reasons stated in tbat opinion, tbe exceptions of tbe defendant are overruled and tbé judgment against bim affirmed.
No Error.
| cl-bulk://2026-06-30/opinions/6695143 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1907-10-10T00:00:00 | {
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4552ff8f9a07b9fc | opinion | nc | State v. Southern Railway Co. |
Walker, J.,
after stating the case: This in one respect is a case of supreme importance. It involves the right of the State to enforce its criminal laws without interference by the National Government or its courts. If the defendant is right in its contention, the authority or separate sovereignty of the State is ... | cl-bulk://2026-06-30/opinions/6695146 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1907-12-04T00:00:00 | {
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37f229c869a828d8 | opinion | nc | State v. Southern Railway Co. |
BeowN, J.,
concurring: I would be content to simply concur in,the very able and exhaustive opinion prepared for the Court by Mr. Justice Walker, without .any expression of my own, but for a suggestion made in the dissenting opinion that our decision probably necessitates the calling of a special session of the G... | cl-bulk://2026-06-30/opinions/6695147 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1907-12-04T00:00:00 | {
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11eba2b944de23b3 | opinion | nc | State v. Southern Railway Co. |
OlaKK, O. J.,
dissenting from the conclusion and from that part of the opinion upon which it is based: Laws 1907, ch. 216, provides: “Sec. 1. No railroad company doing business as a common carrier of passengers in the State of North Carolina, except as hereinafter provided, shall charge, demand or receive for tran... | cl-bulk://2026-06-30/opinions/6695148 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1907-12-04T00:00:00 | {
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fbf09b5954b3b537 | opinion | nc | State v. Atwood |
Per Curiam.
His Honor was in error in charging tbat tbe possession of one gallon of liquor was evidence -that tbe defendant bad it for sale, as tbe statute only gives this effect to tbe possession of liquor when tbe quantity exceeds one gallon in some degree; but this could not have affected tbe verdict, as all th... | cl-bulk://2026-06-30/opinions/6695904 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1914-04-08T00:00:00 | {
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e15d934b1789612e | opinion | nc | Crumpler v. Atlantic Coast Line Railroad |
Per Curiam :
Upon a consideration of tbe entire record tbe Court is of opinion that, upon all tbe evidence, tbe plaintiff is entitled to recover tbe penalty sued for, as found by tbe jury in response to tbe third issue. Tbe Court is of opinion that there is no'evidence, of actual damage which in law entitles tbe p... | cl-bulk://2026-06-30/opinions/6695270 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1909-03-10T00:00:00 | {
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d7f38f80fbf84b52 | opinion | nc | Cottrell v. Town of Lenoir |
"Walker, J.,
after stating tbe case: Tbe first questions are whether chapter 202 of tbe Private Laws of 1915 was in force when tbe act of 1917 was passed, and whether tbe last named statute was properly passed and is a valid enactment for tbe purposes therein set forth. It appears from tbe above recital of tbe sev... | cl-bulk://2026-06-30/opinions/6696199 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1917-03-14T00:00:00 | {
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3e371b735b1fd65b | opinion | nc | Tilghman v. Seaboard Air Line Railway Co. |
WalKER, J.,
dissenting: I am of the opinion that there was substantial error in the trial of this case. Several errors are assigned which relate to the cause of action, that is, to the question of defendant’s negligence, and they raise the question whether the court did not try the ease by the old law or that whic... | cl-bulk://2026-06-30/opinions/6695922 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1914-11-05T00:00:00 | {
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bd6421f966f52fac | opinion | nc | Caldwell Land & Lumber Co. v. Smith |
CoNNOR, J.,
after stating the facts: The Machinery Act (Revisal, sec. 5232), being the same as the act of 1901, sec. 69, ch. 7, and all other acts on the subject subsequent thereto, provides that “In all cases where any personal property, chose in action, or any property, except land, liable to taxation, shall hav... | cl-bulk://2026-06-30/opinions/6695160 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1907-11-27T00:00:00 | {
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e2ce87c3769e3a53 | opinion | nc | State v. Dickens |
Judge VAUGHN
concurring.
I concur in the disposition of this case as it relates to the merits of the issues addressed.
I have different thoughts, however, on whether defendant had the right to appeal. The motion to withdraw the guilty pleas was not made until the day after judgment was entered and commitment i... | cl-bulk://2026-06-30/opinions/8902761 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
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5ce465a3e45bac4b | opinion | nc | Union Central Life Ins. v. Senter-Sanders Tractor Corp. |
Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 3 December 1998.
| cl-bulk://2026-06-30/opinions/6714717 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1998-07-01T00:00:00 | {
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cfbb5f0f37ed8092 | opinion | nc | Fakhoury v. Fakhoury |
1. Def’s PDR Under N.C.G.S. § 7A-31 (COA04-1514)
2. Def’s Motion to Withdraw PDR
| cl-bulk://2026-06-30/opinions/6719627 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 2005-10-06T00:00:00 | {
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5325b07248320e56 | opinion | nc | Cameron v. Howard |
ERWIN, Judge.
Plaintiff’s evidence tended to show that he was shaping a piece of wooden molding with a machine on 22 March 1969 when the wood broke and a piece of it struck the back of his hand; that he pulled the wood from his hand, and the end of it broke off; that he was taken to the hospital and treated by def... | cl-bulk://2026-06-30/opinions/8902691 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-02-20T00:00:00 | {
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798490fcf8cf2890 | opinion | nc | D'Aquisto v. Mission St. Joseph's Health Sys. |
Def’s (Missions St. Joseph’s Health System) PDR Under N.C.G.S. § 7A-31 (COA04-1259)
| cl-bulk://2026-06-30/opinions/6719620 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 2005-10-06T00:00:00 | {
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3903195b0d31db2d | opinion | nc | Coremin v. Sherrill Furniture Co. |
Pits’ PDR Under N.C.G.S. § 7A-31 (COA04-844)
| cl-bulk://2026-06-30/opinions/6719621 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 2005-10-06T00:00:00 | {
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baeab6fc59127efc | opinion | nc | Craven v. Demidovich |
Pit’s PDR Under N.C.G.S. 7A-31 (COA04-1193)
| cl-bulk://2026-06-30/opinions/6719625 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 2005-11-03T00:00:00 | {
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c895d0a8dc60a6c5 | opinion | nc | Board of Transportation v. Jones |
BROCK, Chief Judge.
G.S. 136-112(1) sets forth the formula for the measure of compensation in partial taking cases. “Where only a part of a tract is taken, the measure of damages for said taking shall be the difference between the fair market value of the entire tract immediately prior to said taking and the fair ... | cl-bulk://2026-06-30/opinions/8902374 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-10-17T00:00:00 | {
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0e827ac691dba373 | opinion | nc | McClendon v. Clinard |
BROCK, Chief Judge.
Plaintiffs, in their first assignment of error, contend that the trial judge erred as a matter of law in denying plaintiffs’ motion to recuse. We think disposition of this case is governed by North Carolina National Bank v. Gillespie, 291 N.C. 303 , 230 S.E. 2d 375 (1976). In that case... | cl-bulk://2026-06-30/opinions/8902377 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-10-17T00:00:00 | {
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89a075322fd7cee1 | opinion | nc | State v. Haulk |
ERWIN, Judge.
Surely there are few offenses more heinous than the maiming of a defenseless two-year-old child. We have concluded, however, that prejudicial error occurred below and accordingly award defendant a new trial.
Defendant has noted exceptions and assigned error to various portions of the trial court’s ... | cl-bulk://2026-06-30/opinions/8902379 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-10-17T00:00:00 | {
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28e4fcfdf85ea043 | opinion | nc | Triplett v. Triplett |
BROCK, Chief Judge.
The question which defendant contends is raised by this appeal (whether or not a married couple may litigate their differences while living together?) is stated much too broadly, and we will not address all the ramifications of the question as stated. Appropos to the present case the question r... | cl-bulk://2026-06-30/opinions/8902383 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-10-17T00:00:00 | {
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1908a3be31a2c77e | opinion | nc | State v. Curl |
WEBB, Judge.
The defendants’ first assignment of error pertains to the charge. As to possession with intent to sell, the court charged as follows:
“Members of the jury, I charge that if you find from the evidence beyond a reasonable doubt that on or about June 13, 1977, J. B. Curl and Roger Booth knowingly posse... | cl-bulk://2026-06-30/opinions/8902475 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-12-05T00:00:00 | {
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d0af6cfd9ac01a2d | opinion | nc | State v. Heaton |
MORRIS, Chief Judge.
Defendant assigns as error the trial court’s failure to enter judgment of nonsuit. It is well settled that upon motion for non-suit evidence, whether direct or circumstantial, presented by the State and evidence presented by the defendant which may tend to strengthen the State’s case is to be ... | cl-bulk://2026-06-30/opinions/8902482 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-12-19T00:00:00 | {
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} | |
c9b0b9a172bd6bda | opinion | nc | State v. Patterson |
HEDRICK, Judge.
The sole question presented by this appeal is whether the trial court committed prejudicial error in its charge to the jury by instructing that if it found that either defendant had committed the acts charged then both would be guilty. Defendants assign as error the following portion of the court’s... | cl-bulk://2026-06-30/opinions/8902484 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-12-19T00:00:00 | {
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} | |
487fc93a0f20e9bd | opinion | nc | State v. Gunther |
Judge Clark
dissenting.
The Fulcher and Banks decisions of the North Carolina Supreme Court, discussed in the majority opinion, recognized that kidnapping was a crime separate and distinct from the other crimes committed during the course of the kidnapping. The indictment in the case sub judice did not all... | cl-bulk://2026-06-30/opinions/8902368 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-10-17T00:00:00 | {
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} | |
e61f02aaff11879c | opinion | nc | Griffin v. Fraser |
MARTIN (Robert M.), Judge.
General William A. Smith died testate 18 April 1934, providing in his holographic will (under Items XXI and XXII of that instrument) for the creation of several trust funds, three of which were to accumulate for 99 years before disbursement of any of the corpus or increment thereon. Item... | cl-bulk://2026-06-30/opinions/8902523 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-02-06T00:00:00 | {
"cl_opinion_id": "8902523",
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"text_kind": "html_with_citations",
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} | |
c59d1233d492bef1 | opinion | nc | Lewis ex rel. Lewis v. Dove |
ERWIN, Judge.
Plaintiff contends that the trial court erred in allowing defendant’s motion for directed verdict, G.S. 1A-1, Rule 50, in that *600 the evidence presented by plaintiff was sufficient to take the case to the jury on defendant’s negligence in failing to exercise proper caution upon seeing plaintiff, a... | cl-bulk://2026-06-30/opinions/8902524 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-02-06T00:00:00 | {
"cl_opinion_id": "8902524",
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"opinion_type": "020lead",
"text_kind": "html_with_citations",
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} | |
80f19217171e9512 | opinion | nc | In re Hardy |
ERWIN, Judge.
Respondent assigns as error the trial court’s order committing her to training school without making two of the findings required by G.S. 7A-286(5). This assignment has merit. G.S. 7A-286(5) provides in relevant part:
*612 “In the case of a child who is delinquent, the court may commit the child t... | cl-bulk://2026-06-30/opinions/8902525 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-02-06T00:00:00 | {
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} | |
b3af6d91bb29daad | opinion | nc | Harris v. Latta |
MARTIN (Robert M.), Judge.
The only question this appeal presents is whether, on the undisputed evidence before him, the trial court correctly construed the notice requirement of the option agreement. That requirement specified that notice of intent to exercise the purchase option must be given to the lessors “at ... | cl-bulk://2026-06-30/opinions/8902716 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-03-20T00:00:00 | {
"cl_opinion_id": "8902716",
"cluster_id": "8914682",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
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} | |
17b525511f53e0e5 | opinion | nc | State v. Matthews |
Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 3 March 1999.
| cl-bulk://2026-06-30/opinions/6714856 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1999-03-03T00:00:00 | {
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} | |
9d292b56282e980b | opinion | nc | Moss v. J. C. Bradford & Co. |
Petition by defendants for discretionary review pursuant to G.S. 7A-31 allowed 7 October 1993.
| cl-bulk://2026-06-30/opinions/6711526 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1993-10-07T00:00:00 | {
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} | |
3f2f7fb6d86c5029 | opinion | nc | White v. Davenport |
Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 8 September 1994.
| cl-bulk://2026-06-30/opinions/6712043 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1994-09-08T00:00:00 | {
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} | |
ed950079c2dfb7dc | opinion | nc | State v. Rouse |
Petition by defendant for writ of certiorari to review the order of the Superior Court, Randolph County, denied 4 February 1999.
| cl-bulk://2026-06-30/opinions/6714860 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1999-02-04T00:00:00 | {
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} | |
f1ad3c734b134f1f | opinion | nc | United Services Automobile Ass'n v. Gambino |
Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 8 September 1994. Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 8 September 1994.
| cl-bulk://2026-06-30/opinions/6712044 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1994-09-08T00:00:00 | {
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1404e786d81f31b7 | opinion | nc | Reber v. Booth |
PER CURIAM.
For the reasons stated by Judge Wells in his dissenting opinion, the decision of the Court of Appeals is reversed, and this case is remanded to that court for remand to the Superior Court, Dare County, for further proceedings not inconsistent with this opinion.
REVERSED AND REMANDED.
| cl-bulk://2026-06-30/opinions/6711544 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1993-11-05T00:00:00 | {
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63493490e30e0f38 | opinion | nc | Considine v. West Point Dairy Products |
Motion by defendant to dismiss the appeal for lack of substantial constitutional question allowed 4 November 1993. Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 4 November 1993.
| cl-bulk://2026-06-30/opinions/6711545 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1993-11-04T00:00:00 | {
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"opinion_type": "020lead",
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} | |
31914bbc4e2e35be | opinion | nc | State v. Golden |
PARKER, Judge.
This is a criminal action in which defendant was given a suspended sentence after he was found guilty in the District Court of a misdemeanor charge contained in a criminal summons. Defendant did not appeal from the judgment which imposed that sentence. After the judgment was entered, for some reason... | cl-bulk://2026-06-30/opinions/8902687 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-02-20T00:00:00 | {
"cl_opinion_id": "8902687",
"cluster_id": "8914655",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
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} | |
19638a932200eabf | opinion | nc | State v. Connard |
WEBB, Judge.
G.S. 7A-280 provides in part:
If a child who has reached his fourteenth birthday is alleged to have committed an offense which constitutes a felony, the judge shall conduct a preliminary hearing to determine probable cause after notice to the parties as provided by this article ....
If the judge f... | cl-bulk://2026-06-30/opinions/8902733 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-04-17T00:00:00 | {
"cl_opinion_id": "8902733",
"cluster_id": "8914697",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
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} | |
cb88ae0fda13cef1 | opinion | nc | Proctor v. North Carolina Farm Bureau Mutual Insurance |
FRYE, Justice.
In this appeal based solely on the dissenting opinion in the Court of Appeals, North Carolina Farm Bureau Mutual Insurance Company [hereinafter Farm Bureau] contends that the Court of Appeals erred (1) in determining that plaintiff is entitled to stack the underinsured motorist [hereinafter UIM] cov... | cl-bulk://2026-06-30/opinions/6711644 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1994-01-28T00:00:00 | {
"cl_opinion_id": "6711644",
"cluster_id": "6824617",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
d5a05a3edac4627a | opinion | nc | State v. Foust |
MARTIN (Robert M.), Judge.
Defendant was indicted for first degree burglary, and was ultimately tried (upon the State’s election) for second degree burglary, upon a proper indictment and after the warrant for arrest was amended. From a conviction of second degree burglary and a sentence of 30 to 40 years, defendan... | cl-bulk://2026-06-30/opinions/8902693 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-02-20T00:00:00 | {
"cl_opinion_id": "8902693",
"cluster_id": "8914661",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
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} | |
0df97e6f36221c22 | opinion | nc | Anderson v. Norman |
Petition by defendants and third-party plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993.
| cl-bulk://2026-06-30/opinions/6711608 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1993-12-02T00:00:00 | {
"cl_opinion_id": "6711608",
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} | |
4cd93d98e2a1400a | opinion | nc | State ex rel. Utilities Comm. v. Empire Power Co. |
Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 27 January 1994.
| cl-bulk://2026-06-30/opinions/6711712 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1994-01-27T00:00:00 | {
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1b385d3338422ef0 | opinion | nc | Pearce v. Southern Bell Telephone & Telegraph Co. |
Judge VAUGHN
dissenting.
There is some evidence of negligence to take the case to the jury as to Ward without regard to whether the jury should find him to have been acting as an employee of the telephone company or an independent contractor. I agree, therefore, that it was error to direct a verdict in his favor... | cl-bulk://2026-06-30/opinions/8902738 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-05-01T00:00:00 | {
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"opinion_type": "040dissent",
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} | |
02a914d0c920af2f | opinion | nc | State v. Lail |
ARNOLD, Judge.
Defendant’s argument that hearsay testimony was admitted is without merit. None of the testimony which defendant challenges under this assignment of error falls within the definition of hearsay, that is, an assertion of a person other than the witness which is offered to prove the truth of the matte... | cl-bulk://2026-06-30/opinions/8902742 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-05-01T00:00:00 | {
"cl_opinion_id": "8902742",
"cluster_id": "8914705",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
b806315fbedd4a41 | opinion | nc | State v. Roberts |
CARLTON, Judge.
Defendant seeks to appeal the ruling of the superior court denying his petition for post-conviction relief filed on 17 July 1978.
G.S. 15A-1422 provides in pertinent part as follows:
(c) The court’s ruling on a motion for appropriate relief pursuant to G.S. 15A-1415 is subject to review:
(3) ... | cl-bulk://2026-06-30/opinions/8902743 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-05-01T00:00:00 | {
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"opinion_type": "020lead",
"text_kind": "html_with_citations",
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} | |
7f0cdf1b9de1ea67 | opinion | nc | In re Bartley |
ERWIN, Judge.
The only question presented by this record is whether there was sufficient recorded evidence to support the court’s finding that respondent was imminently dangerous to herself.
G.S. 122-58.7(i) provides:
“(i) To support a commitment order, the court is required to find, by clear, cogent, and conv... | cl-bulk://2026-06-30/opinions/8902699 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-03-06T00:00:00 | {
"cl_opinion_id": "8902699",
"cluster_id": "8914667",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
97bd677716fdc66e | opinion | nc | Odom v. Little Rock & I-85 Corp. |
ARNOLD, Judge.
Plaintiffs argue that the trial court erred in granting summary judgment for defendants, as there were material issues of fact as to (1) whether NCNB breached the option agreement upon which the closing was based and (2) whether NCNB defrauded plaintiffs at the closing by falsely representing to the... | cl-bulk://2026-06-30/opinions/8902703 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-03-06T00:00:00 | {
"cl_opinion_id": "8902703",
"cluster_id": "8914670",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
7f65d65d58590590 | opinion | nc | State v. Whitaker |
HEDRICK, Judge.
Defendant first contends that the trial judge’s refusal to give a requested instruction that the jury should scrutinize the testimony of the State’s witness Jeffrey Daniels, who stole the goods in question and sold them to defendant, constitutes prejudicial error entitling him to a new trial. Defen... | cl-bulk://2026-06-30/opinions/8902704 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-03-06T00:00:00 | {
"cl_opinion_id": "8902704",
"cluster_id": "8914671",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
5ee9583dc29444ec | opinion | nc | Adkins v. Carter |
VAUGHN, Judge.
Plaintiff contends that the court erred in granting defendant’s motion for a directed verdict. Upon defendant’s motion for a directed verdict, the evidence must be taken as true and reviewed in the light most favorable to the plaintiff. Adler v. Lumber Mutual Fire Insurance Co., 280 N.C. 146 , ... | cl-bulk://2026-06-30/opinions/8902705 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-03-06T00:00:00 | {
"cl_opinion_id": "8902705",
"cluster_id": "8914672",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
abe3838c82790495 | opinion | nc | Dixon v. Weaver |
ERWIN, Judge.
Plaintiff presents four arguments on appeal: (1) that the trial court erred in refusing to submit the issue of defendant’s willful and wanton negligence to the jury; (2) that the trial court erred in failing to instruct the jury that plaintiff had no duty to anticipate the negligence of defendant sin... | cl-bulk://2026-06-30/opinions/8902773 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
"cl_opinion_id": "8902773",
"cluster_id": "8914731",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
25afd9fea72df797 | opinion | nc | Strickland v. Tant |
HEDRICK, Judge.
Respondent Odell Tant’s single assignment of error is to the trial court’s entry of summary judgment in favor of the petitioners. Respondent Tant first contends that G.S. § 65-13 “prohibits the disinterment, removal and reinterment of graves except as set forth in the statute.” While we recognize t... | cl-bulk://2026-06-30/opinions/8902774 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
"cl_opinion_id": "8902774",
"cluster_id": "8914732",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
f4b1fbf54346467c | opinion | nc | Coastal Ready-Mix Concrete Co. v. Board of Commissioners |
ERWIN, Judge.
On this appeal, respondents contend that the trial judge erred in its conclusion that petitioner was entitled to a conditional *559 use permit as a matter of law that would allow petitioner to locate its concerete plant in a C-2 General Commercial District in the Town of Nags Head. We agree with the... | cl-bulk://2026-06-30/opinions/8902775 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
"cl_opinion_id": "8902775",
"cluster_id": "8914733",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
dd2377fcebc2c70d | opinion | nc | In re the Foreclosure of the Deed of Trust Executed by Lorraine Corp. |
MARTIN (Harry C.), Judge.
We hold the first deed of trust was properly subject to foreclosure for default of payments. The trial court entered findings of fact that no payments were received by the SBA from 19 January 1976 until 17 March 1976 when SBA notified the grantors and guarantors that the loans were in def... | cl-bulk://2026-06-30/opinions/8902776 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
"cl_opinion_id": "8902776",
"cluster_id": "8914734",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
da81f032dbd40f81 | opinion | nc | Outlaw v. Planters National Bank & Trust Co. |
MITCHELL, Judge.
The petitioners assign as error that part of the judgment in which the trial court concluded that the respondents were entitled to summary judgment in their favor by virtue of the failure of *573 the petitioners to show compliance with G.S. 29-19. In support of this assignment, the petitioners co... | cl-bulk://2026-06-30/opinions/8902777 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
"cl_opinion_id": "8902777",
"cluster_id": "8914735",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
3f503d5d0a01b365 | opinion | nc | State v. Ransom |
MORRIS, Chief Judge.
The defendant brings forward on appeal two assignments of error. The remaining assignments of error have been voluntarily abandoned. Defendant first contends that, because of the absence of evidence of intent to kill, the trial court erred in not dismissing, upon defendant’s motion, the charge... | cl-bulk://2026-06-30/opinions/8902778 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
"cl_opinion_id": "8902778",
"cluster_id": "8914736",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
d842e10ec2cc2ad5 | opinion | nc | State v. Smith |
ERWIN, Judge.
The defendant brings forward twelve questions on appeal and contends that if error is found in any of them, the defendant is entitled to a new trial. We find no reversible error for the reasons that follow.
The first question reads:
“I. Did the superior court commit prejudicial and reversible err... | cl-bulk://2026-06-30/opinions/8902468 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-12-05T00:00:00 | {
"cl_opinion_id": "8902468",
"cluster_id": "8914454",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
501dfcaac50b2ae3 | opinion | nc | Bentley v. Langley |
CLARK, Judge.
Summary judgment is appropriate only where there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law. Lee v. Shor, 10 N.C. App. 231 , 178 S.E. 2d 101 (1970). The movant’s materials in support of summary judgment must be carefully scrutinized... | cl-bulk://2026-06-30/opinions/8902469 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-12-05T00:00:00 | {
"cl_opinion_id": "8902469",
"cluster_id": "8914455",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
48b559ae1d6a0f95 | opinion | nc | Green v. Lybrand |
ARNOLD, Judge.
Plaintiff urges that the proceedings should not have been dismissed because he was not seeking repossession of the *58 premises solely on the basis of nonpayment of rent. Plaintiffs complaint is set out in essence as follows:
First Claim for Relief: The lease provided that the rent was payable in... | cl-bulk://2026-06-30/opinions/8902471 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-12-05T00:00:00 | {
"cl_opinion_id": "8902471",
"cluster_id": "8914457",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
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} | |
f50e1d33dfcbb4c5 | opinion | nc | Woodward v. Pressley |
MARTIN (Harry C.), Judge.
We hold the trial court erred in dismissing plaintiffs’ action. Plaintiffs’ evidence must be considered in the light most favorable to them. Scott v. Darden, 259 N.C. 167 , 130 S.E. 2d 42 (1963). In passing on this assignment of error, evidence erroneously excluded is to be consi... | cl-bulk://2026-06-30/opinions/8902472 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1978-12-05T00:00:00 | {
"cl_opinion_id": "8902472",
"cluster_id": "8914458",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
2d11855a50982f94 | opinion | nc | State v. Ransom |
VAUGHN, Judge.
Defendant brings forward only one assignment of error. He contends that the trial court erred in imposing an active sentence of twenty-five years which was almost twice the sentence imposed on Carter who pleaded guilty. In exchange for testifying, Carter entered into a plea bargaining agreement wher... | cl-bulk://2026-06-30/opinions/8902779 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
"cl_opinion_id": "8902779",
"cluster_id": "8914737",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
508b824f4b733185 | opinion | nc | Ragland v. Moore |
WEBB, Judge.
The appellate courts of this state have passed on summary judgments on numerous occasions. See Haithcock v. Chimney Rock Co., 10 N.C. App. 696 , 179 S.E. 2d 865 (1971); Goode v. Tait, Inc., 36 N.C. App. 268 , 243 S.E. 2d 404 , discretionary review denied, 295 N.C. 465 (1978), an... | cl-bulk://2026-06-30/opinions/8902780 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
"cl_opinion_id": "8902780",
"cluster_id": "8914738",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
4aa899719bc28099 | opinion | nc | State v. May |
MORRIS, Chief Judge.
Defendant presents five arguments in support of his nine assignments of error. We will address each assignment of error in the order in which they are discussed by the parties in their briefs.
The validity of the search warrant, which was the means of retrieving the .410 gauge shotgun and th... | cl-bulk://2026-06-30/opinions/8902757 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
"cl_opinion_id": "8902757",
"cluster_id": "8914719",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
385079888e987832 | opinion | nc | State v. Dickens |
CARLTON, Judge.
The defendant’s sole argument on appeal is that the trial court did not comply with subsection (c) of G.S. 15A-1022 before accepting his guilty pleas. That subsection provides as follows:
(c) The judge may not accept a plea of guilty or no contest without first determining that there is a factual... | cl-bulk://2026-06-30/opinions/8902760 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-06-05T00:00:00 | {
"cl_opinion_id": "8902760",
"cluster_id": "8914721",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
108bf3c81afd6029 | opinion | nc | Board of Transportation v. Rand |
MARTIN (Harry C.), Judge.
Plaintiff argues the trial court erred in its charge by failing to instruct the jury concerning general and special benefits to defendants’ property resulting from the highway project. We find no error.
Defendants’ evidence tended to show the value of their remaining property was reduce... | cl-bulk://2026-06-30/opinions/8902911 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-07-03T00:00:00 | {
"cl_opinion_id": "8902911",
"cluster_id": "8914853",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
d655a5618a8f54b2 | opinion | nc | Newberry Metal Masters Fabricators, Inc. v. Mitek Industries, Inc. |
WEBB, Justice.
The question posed by this appeal is whether a party may refile an action to perfect a lien after taking a voluntary dismissal without prejudice pursuant to N.C.G.S. § 1A-1, Rule 41(a)(1). This rule, by its plain words, provides that “a new action based on the same claim may be commenced within one ... | cl-bulk://2026-06-30/opinions/6711203 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1993-01-08T00:00:00 | {
"cl_opinion_id": "6711203",
"cluster_id": "6824185",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
0b2ea7209a91b68f | opinion | nc | Carter v. Western Division of the Western N. C. Railroad |
Rodman, J.
We think it unnecessary to examine criti-■ cally the Act of 1870-71, chap. 20, page 56, authorizing the removal of actions brought in the Court of a Judge who is a-party to, or interested therein. The policy of the Act is obviously to enable any such action to be removed as soon as-it is in a condition ... | cl-bulk://2026-06-30/opinions/6689501 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1873-01-15T00:00:00 | {
"cl_opinion_id": "6689501",
"cluster_id": "6804246",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
14249936c82dc694 | opinion | nc | State v. Summey |
PeaRSon, C. J.
Tbe counsel for tbe defendant on tbe trial below put tbe case On two grounds, both of wbicb were presented by tbe evidence : * - . "
1st. That be was not guilty, “ because be did not a«-tually participate in tbe stilling.”
2d. Because “ there was no distillation.”
His Honor dees not iespond ... | cl-bulk://2026-06-30/opinions/7386779 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1864-12-15T00:00:00 | {
"cl_opinion_id": "7386779",
"cluster_id": "7465604",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
99c183ccd440ac1c | opinion | nc | Graham v. Lowrie |
Taylor, C. J.
Usury is, in a peculiar degree, an of-fence of positive law ; because the rate of interest depending upon local and domestic considerations, is established *192 in every country, with a single view to its own advantage, ^ is accordingly different nearly in all the States by which this is bounded, ... | cl-bulk://2026-06-30/opinions/7386684 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1817-07-15T00:00:00 | {
"cl_opinion_id": "7386684",
"cluster_id": "7465514",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
0096c6f3e0648d0d | opinion | nc | Patrick v. Carr |
PearsoN, C. J.
The demurrer raises the question, whether the jurisdiction of a Court of Equity can be invoiced, to compel a Sheriff who-has sold land under an execution (tire judgment and execution and sale being in all respects regular) to execute a deed to the purchaser, who offers, and has always been ready to ... | cl-bulk://2026-06-30/opinions/7386835 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-nc | 1864-12-15T00:00:00 | {
"cl_opinion_id": "7386835",
"cluster_id": "7465655",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
a89b2498c0f1dd26 | opinion | nc | Pappas v. North Carolina Department of Motor Vehicles |
WEBB, Judge.
We reverse the superior court for the reason we believe the court was governed by a misapprehension of the law. We infer from the statement of the court that it believed that a breathalyzer test has to be administered within thirty minutes of the time a person is advised of his rights in regard to tak... | cl-bulk://2026-06-30/opinions/8902935 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-07-31T00:00:00 | {
"cl_opinion_id": "8902935",
"cluster_id": "8914875",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
667282f7cb2b52fb | opinion | nc | IFCO of South Carolina, Inc. v. Southern National Bank of North Carolina |
WEBB, Judge.
If defendants were entitled to judgment as a matter of law on the undisputed facts, the superior court properly entered summary judgment in their favor. See Moore v. Fieldcrest Mills, Inc., 296 N.C. 467 , 251 S.E. 2d 419 (1979).
*501 We affirm the judgment of the superior court. The princi... | cl-bulk://2026-06-30/opinions/8902936 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-07-31T00:00:00 | {
"cl_opinion_id": "8902936",
"cluster_id": "8914876",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
16c33372a1da7743 | opinion | nc | State v. Higgs |
WEBB, Judge.
We reverse the superior court for failing to submit to the jury the charge of voluntary manslaughter. A defendant is entitled to have the different permissible verdicts arising on the evidence presented to the jury under proper instructions. The necessity for instructing the jury as to an included cri... | cl-bulk://2026-06-30/opinions/8902937 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-07-31T00:00:00 | {
"cl_opinion_id": "8902937",
"cluster_id": "8914877",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
7d41a87e1ec7abe2 | opinion | nc | Daniels v. Jones |
MORRIS, Chief Judge.
Plaintiff brings forward on appeal two assignments of error addressed to the trial court’s instructions to the jury concerning the issue of contributory negligence. First, he argues that the trial court committed reversible error in failing to instruct the *558 jury with respect to plaintiff’... | cl-bulk://2026-06-30/opinions/8902938 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-08-07T00:00:00 | {
"cl_opinion_id": "8902938",
"cluster_id": "8914878",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
0389cb4290d2a4f3 | opinion | nc | State v. Enslin |
MORRIS, Chief Judge.
Defendant challenges the rulings of the trial court and the applicable ordinance on two grounds. First, defendant contends Jacksonville’s massage business licensing laws are unconstitutionally vague because two different ordinances purport to cover the same conduct. Defendant does not argue th... | cl-bulk://2026-06-30/opinions/8902939 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-08-15T00:00:00 | {
"cl_opinion_id": "8902939",
"cluster_id": "8914879",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
7da2490ced0ca321 | opinion | nc | Wood v. City of Fayetteville |
PARKER, Judge.
INTERVENOR-DEFENDANTS’ APPEAL
On this appeal the intervening defendants have sought to raise several questions concerning the trial court’s rulings which resulted in its refusal to hear argument on or to pass on the con *415 stitutionality of Section 2 of Chapter 1058 of the 1969 Session Laws. Bec... | cl-bulk://2026-06-30/opinions/8903051 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-11-06T00:00:00 | {
"cl_opinion_id": "8903051",
"cluster_id": "8914973",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
2112315dbdeba5e3 | opinion | nc | State v. Hunt |
ERWIN, Judge.
The record reveals that the following occurred on redirect examination at the time Dr. Hudson was being questioned by Assistant District Attorney Greeson for the State:
“Q. Well, assuming then, Dr. Hudson, that the jury found as a fact that on October the 6th, 1977, Ralph Dilldine was hit with a st... | cl-bulk://2026-06-30/opinions/8903052 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-11-06T00:00:00 | {
"cl_opinion_id": "8903052",
"cluster_id": "8914974",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
7fda97c866f5040a | opinion | nc | In re Appeal of Judicial Review by Arcadia Dairy Farms, Inc. of Regulation 4 NCAC 7.0505 |
ERWIN, Judge.
The Commission contends that the trial court erred by failing to make any findings of fact in its order to support its conclusions of law. We do not agree.
G.S. 150A-51 provides in part: “If the court reverses or modifies the decision of the agency, the judge shall set out in *464 writing, which w... | cl-bulk://2026-06-30/opinions/8903053 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-11-06T00:00:00 | {
"cl_opinion_id": "8903053",
"cluster_id": "8914975",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
4a684e6318de4fb1 | opinion | nc | State v. Bonds |
MARTIN (Harry C.), Judge.
Defendant raises twenty assignments of error in his brief; however, we are only required to discuss three in disposing of this appeal.
First, defendant contends his motions to dismiss at the close of the state’s case and at the conclusion of all the evidence should have been allowed. We... | cl-bulk://2026-06-30/opinions/8903054 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-11-06T00:00:00 | {
"cl_opinion_id": "8903054",
"cluster_id": "8914976",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
6ca60c756d0a670c | opinion | nc | Robbins v. Robbins |
HILL, Judge.
Five questions are raised by the appellant in his brief. All arose out of the findings of fact or the conclusions reached by the court from such findings.
Appellant contends the court erred in concluding that the plaintiff had abandoned the defendant; that such a conclusion is not supported by the f... | cl-bulk://2026-06-30/opinions/8903055 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-11-06T00:00:00 | {
"cl_opinion_id": "8903055",
"cluster_id": "8914977",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
c09d6a7861e676bb | opinion | nc | State v. Lovick |
PARKER, Judge.
Defendant first contends that his motion for a directed verdict should have been allowed because the State’s evidence failed to show that the goods were taken under such circumstances as to constitute larceny. The indictment charged that defendant did feloniously receive property knowing the same to... | cl-bulk://2026-06-30/opinions/8902941 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-08-07T00:00:00 | {
"cl_opinion_id": "8902941",
"cluster_id": "8914881",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
571f4d91d4613b0e | opinion | nc | Haddon v. Haddon |
CLARK, Judge.
Defendant first assigns as error the admission by the trial court of evidence concerning unnatural sex acts between the plaintiff and the defendant. Defendant contends that evidence of spousal sexual conduct is not admissible as such evidence constitutes a “confidential communication” within the mean... | cl-bulk://2026-06-30/opinions/8902946 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1979-08-21T00:00:00 | {
"cl_opinion_id": "8902946",
"cluster_id": "8914886",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
659a50cf3d91f240 | opinion | nc | Lineback v. Wood |
Brock, J.
This appeal presents no novel or new question; it presents only the question of whether plaintiff’s evidence is sufficient to survive the motion for nonsuit. The plaintiff’s evidence in this Record on Appeal is conflicting and inconsistent upon the question of how the accident occurred; however, it is f... | cl-bulk://2026-06-30/opinions/6729223 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1969-04-30T00:00:00 | {
"cl_opinion_id": "6729223",
"cluster_id": "6842069",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
022f73d2bfb125b2 | opinion | nc | State v. Williams |
Morris, J.
The only assignment of error is the defendant’s contention, contained in his letter accepted as notice of appeal-, that he was promised by his counsel that if he entered a plea of guilty he would *517 be placed on probation. The record before us contains no exceptions taken at the time of trial. Howev... | cl-bulk://2026-06-30/opinions/6729224 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1969-04-30T00:00:00 | {
"cl_opinion_id": "6729224",
"cluster_id": "6842070",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} | |
3d3b232005c96bcf | opinion | nc | State v. Waddell |
Brock, J.
The Record on Appeal discloses that defendant appeared in Superior Court and entered his pleas of guilty without counsel. However, the record is silent as to whether he was able to employ counsel, whether he was indigent, whether he requested appointment of counsel, or whether he waived his right to cou... | cl-bulk://2026-06-30/opinions/6729225 | public-domain-edict-of-government | 2026-06-30T00:00:00 | nc-ncctapp | 1969-04-30T00:00:00 | {
"cl_opinion_id": "6729225",
"cluster_id": "6842071",
"opinion_type": "020lead",
"text_kind": "html_with_citations",
"source_label": "courtlistener"
} |
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